xxxviii   DEPARTMENT OF FINANCE—INSURANCE BRANCH.

(e. ) He is also to furnish therewith a statutory declaration, declaring

((.) That the said account is just and true ;

(4.) When and how the fire originated, as far as the declarant knows or believes ;

(3.) That the fire was not caused through his wilful act or neglect, procurement, means or contrivance :

(4. ) The amount of other insurances ;

15.) All liens and encumbrances on the subject of insurance ;

I6.) The place where the property insured, if movable, was deposited at the time of the fire.

d.1 He is, in support of his claims, if required and if practicable, to produce hooks of account, warehouse receipts, and stock lists, and furnish invoices and other vouchers, to furnish copies of the written portion of all policies, to separate as far as reasonably may he the damaged from the undamaged goods, and to exhibit for examination all that remains of the property which was covered by the policy.

s(e.) He is to produce, if required, a certificate under the hand of a government agent, magistrate, notary public, commissioner for taking affidavits, or municipal clerk, residing in the vicinity in which the fire happened, and not concerned in the loss or related to the assured or sufferers, stating that he has examined the circumstances attending the fire, loss or damage alleged, that he is acquainted with the character and circumstances of the assured or claimant, and that he verily believes that the assured has by misfortune and without fraud or evil practice sustained loss and damage on the ubject assured, to the amount certified.

14. The above proofs of loss may be made by the agent of the assured, in case of the absence or inability of the assured himself to make the same, such absence or inability being satisfactorily accounted for.

15. Any fraud or false statement in a statutory declaration in relation to any of the above particulars shall vitiate the claim.   -

16. If any difference arises as to the value of the property insured, of the property saved, or amount of the loss, such value and amount and the proportion thereof (if any) to he paid by the company, shall, whether the right to recover on the policy is disputed or not, and independently of all other questions, be submitted to the arbitration of some person to be chosen by both parties, or if they cannot agree on one person, then to two persons, one to be chosen by the party assured, and the other by the company, and a third to be appointed by the persons so chosen, or on their failing to agree, then by a judge of the Supreme Court of British Columbia, or the County Judge of the county wherein the loss has happened ; and such reference shall he subject to the provisions of the laws applicable to references in actions ; and the award shall, if the company is in other respects liable, be conclusive as to the amount of the loss and proportion to be paid by the company ; where the full amount of the claim is awarded the costs shall follow the event ; and in other cases, all questions of costs shall be in the discretion of the arbitrators.

17. The loss shall not be payable until thirty days after completion of the proofs of loss, unless otherwise provided for by the contract of insurance.

13. The company, instead of making payment, may repair, rebuild or replace within a reason-able time the property damaged or lost, giving notice of their intention within fifteen days after the receipt of the proofs herein required.

1$). The insurance may be terminated by the company by giving written notice to that effect, and, if on the cash plan, by tendering therewith a ratable proportion of the premium for the unexpired term, calculated from the termination of the notice ; five days' personal service of the notice, excluding .Sunday, shall be given. And the policy shall cease after such tender and notice aforesaid, and the expiration of the five days.

(a.) The insurance, if for cash, may also be terminated by the assured by giving written notice to that effect to the company, or its authorized agent, in which case the company may retain the customary short rate for the time the insurance has been in force, and shall repay to the assumed the balance of the premium paid.

30. No condition of the policy, either in whole or in part, shall be deemed to have been waived by the company, unless the waiver is clearly expressed in writing, signed by an agent of the company.

21. Any officer or agent of the company, who assumes on behalf of the company to enter into any written agreement relating to any smatter connected with the insurance, shall lte deemed prima facie to be the agent of the company for the purpose.

22. Every action or proceeding against the company for the recovery of any claim under or by virtue of this policy, shall be absolutely barred, unless commenced within the term of one year next after the loss or damage occurs.

33. Any written notice to a company for the purpose of the statutory conditions, when the anode thereof is not expressly provided, may be by letter delivered at the head office of the company in British Columbia, or by registered post letter addressed to the company, its manager or agent, at such head office, or by such written notice given in any other manner to an authorized agent of the company.

The Amending Act, chapter 22 of the statutes of 1895 (B.C.) contains the following additional section :-

4. Where the loss (if any) under any policy has, with the consent of the company, been made payable to some person or persons or company other than the assured as mortgagee or nn rtg+ogees,